CAS California-specific Essays Flashcards

At a California felony preliminary hearing, the standard of proof required to hold a defendant to answer is:

Answer: Probable cause

At a California preliminary hearing, the magistrate must find probable cause to believe the defendant committed the charged felony before holding the defendant to answer.

California's constitutional right to privacy (Article I, Section 1) is distinctive because it:

Answer: Is explicitly enumerated in the text of the California Constitution

Unlike the federal right to privacy, which is judicially implied, California's right to privacy is expressly stated in Article I, Section 1 of the California Constitution.

Under California Rules of Professional Conduct Rule 1.7, an attorney may represent a client despite a concurrent conflict of interest if:

Answer: Each affected client gives informed written consent after full disclosure

California RPC Rule 1.7 permits conflicted representation only when each affected client provides informed written consent after the attorney discloses all material facts.

Under California Business and Professions Code §6147, a contingency fee agreement in a civil case must be:

Answer: In writing and signed by the client before or at commencement of representation

California B&P Code §6147 requires contingency fee agreements to be in writing, signed by the client, and provided to the client before or at the time representation begins.

Under California's Three Strikes Law (Penal Code §667), a defendant with two prior serious or violent felony strikes who is convicted of a new serious or violent felony must receive a sentence of:

Answer: 25 years to life in state prison

California Penal Code §667(e)(2) mandates a sentence of 25 years to life when a defendant with two prior strike convictions is convicted of a new serious or violent felony.

California Proposition 47 (2014) reclassified which of the following as misdemeanors rather than felonies?

Answer: Theft of property valued at $950 or less and simple drug possession for personal use

Proposition 47 reclassified theft of property valued at $950 or less and simple drug possession for personal use from felonies or wobblers to misdemeanors under the Safe Neighborhoods and Schools Act.

Under California Penal Code §1385, a trial court has discretion to dismiss a prior strike 'in the furtherance of justice.' This doctrine is known as:

Answer: Romero motion

People v. Romero (1996) held that courts have inherent discretion under PC §1385 to strike prior conviction allegations in Three Strikes cases in the furtherance of justice.